Cosmos Infrabuild Pvt. Ltd v. Kalyan Jewellers India Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) (COMM) 2/2024 & C.M.Nos.1120-1122/2024 COSMOS INFRABUILD PVT. LTD ..... Appellant Through:

Mr.Pritish Sabharwal with Ms.Aarushi Chawla, Advocates.

versus KALYAN JEWELLERS INDIA LTD ..... Respondent Through:

Mr.Arjun Garg with Mr.Aakash Nandolia, Advocates.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 08.01.2024 1.

Present appeal has been filed under Section 13 of the Commercial Courts Act, 2015 read with Order XLIII Rule 1(R) of the Civil Procedure Code, 1908 ('CPC') against the order dated 15th September, 2023 passed by the learned Single Judge of this Court in CS(COMM) No. 645/2023 titled as 'Kalyan Jewellers India Ltd. Vs. Cosmos Infrabuild Pvt. Ltd.' whereby the learned Single Judge has granted interim relief to the respondent from being evicted from the suit premises by the appellant. Further relief has been granted to the respondent by preventing the appellant from disconnecting the water and electricity connection at the suit premises. 2.

Since the returnable date in the applications filed by the appellant under Sections XXXIX Rule 4 as well as XXXIX Rules 1 & 2 CPC before the learned Single Judge is 12th January, 2024, this Court disposes of the present appeal with a request to the learned Single Judge to decide the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 16:05:10

matter as expeditiously as possible preferably within three weeks from the next date of hearing.

3.

With the aforesaid directions, present appeal along with the applications stands disposed of.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J JANUARY 8, 2024 KA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 16:05:10